THE HONG KONG INSTITUTE OF SURVEYORS

LAND SURVEYING DIVISION

RESEARCH REPORT

2017

Pilot Study on the Land Survey Law and Regulations among “Belt

and Road” Countries

Principal Investigator : Sr Dr Conrad Tang

Sri Lanka cadastral system reported by Dr Homindra Divithure

1. PROJECT BACKGROUND

The scheme of Belt and Road is China’s national strategy on the connectivity and cooperation

among involved countries. Facilities connectivity is one of the five key major goals of the

Belt and Road initiatives. Many of Belt and Road countries are emerging markets and

developing countries. Infrastructure development will form the first phase of the Belt and

Road Initiative. Land surveying technology and services in supporting infrastructure

development is indispensable in construction projects. Hong Kong equips world-class

architectural, surveying and engineering services companies to provide a full range of

services in the Belt and Road initiatives.

Observing survey laws and following relevant regulations are the fundamental rules for land

surveying professional services and business. And, cadastre varies from country to country.

Giving the opportunities of exploring the surveying markets in the OBOR countries,

immediately there is a lack of information on the survey law and regulations among these

jurisdictions. In addition, there is no conceptual framework to structurally illustrate

jurisdictional legal and institutional land survey requirements for the purpose of business

among Belt and Road countries. To deliver land survey services outside Hong Kong, local

land survey professionals need to have the knowledge on relevant law and regulations in

advance. Most of involved Belt and Road countries are developing countries and many of

them do not use English or Chinese as their official language. There are industrial needs to

gain some referenceable “Need-to-Know” information on different land survey law and

regulations among Belt and Road countries.

In 2018, the Hong Kong Institute of Surveyors received a project budget of two million Hong

Kong dollars from the Professional Services Advancement Support Scheme Secretariat of the

Hong Kong SAR Government. And, the project included Kazakhstan, Pakistan and Sri Lanka

as the target visiting countries with Peoples Republic of China as the hub of the project. In

this report, the cadastral system information to the three visiting countries as well as their

current cadastral survey operation and its professional and personnel system are the aims of

study.

Dr Homindra Divithure, Senior Lecturer of the Department of Surveying and Geodesy, Faculty

of Geomatics, Sabaragamuwa University of Sri Lanka (Email: divithura@geo.sab.ac.lk),

provides a detailed introduction to the cadastral system and surveying profession in the country.

As proposed in the HKIS PASS project, Dr Homindra Divithure would present the findings on

the cadastral development issues of Sir Lanka to the members of HKIS in Hong Kong. During

the period of 2019 and 2020, Hong Kong, like the rest of the world, is affected by COVID19.

The written report is recorded below. And, Dr Divithure appeared on the HKIS Workshop on

Web “Sharing of the Latest Market Requirements: Practicing Qualification, Procedure,

Applications, Market Opportunities in Belt and Road Countries: China, Sri Lanka, Pakistan

and Kazakhstan” on 5 September 2020. His PowerPoint presentation is attached in Appendix

1.

2. CADASTRAL SYSTEM AND SURVEYING PROFESSION IN SRI LANKA

Sri Lanka has two types of cadastral system operating in the country and is in the process of

cadastral system migration from deeds registration to titles registration. The deeds system,

which was introduced in 1863, is well established, and the titles registration system, which

introduction is on-going, was initiated in 1998.

There is no universally accepted or unique cadastral system in the world. Every country has its

own cadastral system (Williamson, 1985), (Steudler & Kaufmann, 2002). Both the deeds

registration system and the cadastral surveying system in Sri Lanka are the direct results of the

twofold land policy of British Ceylon (1796 – 1948). Although both systems have long been

in place, they are not able to address the present land administration needs of the country. The

deeds registration system has several drawbacks, such as low efficiency and ineffectiveness.

On the other hand, the cadastral system fails because of incomplete land ownership information.

In 1998, the Sri Lankan government introduced the land titles registration and cadastral survey

programme as a remedy for the above problems. Unfortunately, the programme has not lived

up to the expectations since its inception. Now, the well-established deeds system is incapable

of catering for the land administration needs, while the land titles registration programme is

hampered by insufficient progress (Divithure & Tang, 2013).

2.1 Deeds based cadastral system

The deeds based cadastral system is well established in Sri Lanka. The British introduced it to

Sri Lanka under the provisions of the Documents Registration Ordinance No.8 of 1863, with

land registration and cadastre as two separate operating entities. Two government departments

administer the two entities separately. The Survey Department is responsible for cadastre and

the Registrar Generals Department for land registration. However, the systematic coverage of

private land ownership information is absent in this system. The Survey Department maintains

a series of plans on different scales demarcating government land ownership, but does not have

sufficient land ownership information on private lands. The Registrar Generals Department

administers land transactions by registering deeds. The only reason for land surveys in this land

transaction process is to verify the land extents. Private land surveyors are involving in these

land surveys, which are not connected to the national coordinate system. These land survey

records are not maintained centrally and are kept with the individual surveyors (Thavalingam,

2003). This cadastral system was the result of the twofold land administration policy of British

Ceylon: one concerning government land management and the other concerning the

establishment of a secure system of land transactions.

2.2 State land and cadastral surveys

The British (1796 – 1948) mainly focused on government land administration issues in the later

part of their rule in Sri Lanka. Considering the availability of government land, they

hypothetically divided the country into three parts: (1) developed areas (villages); (2) highly

populated areas (towns); and (3) undeveloped areas (forest lands). Each category was treated

separately for land surveying (Divithure, 2014).

For the first category, village plans were prepared with villages as the smallest administrative

unit. This programme was started in early 1897 and called “Block Surveys” and later

“Mapping-Out Surveys”. Block Surveys helped prepare systematic village plans separating

private and crown (state) lands. Village headmen and land surveyors determined village

boundaries. Land surveyors surveyed topographical features and administrative boundaries.

They also surveyed cultivated lands in "blocks" without showing the internal boundaries

between the claims of private owners. The Survey Department prepared a separate Village Plan

showing each village. The plan was called Final Village Plan (FVP) after investigation,

verification and amendment of claims between the government and private parties. The Land

Settlement Department handled land investigations and claims in this process. The Survey

Department archived the original FVP and handed over copies to the respective Government

Agent, the permanent officer responsible for government land administration in an area (King,

1952). These plans are still used by the Survey Department. Subsequent subdivisions of

government lands are properly recorded and original plans are altered accordingly. These plans

are archived by the Survey Department and also in the Land Ledgers of the Divisional

Secretaries (300 in Sri Lanka) (Thavalingam, 2003). Most of these plans are connected to the

national coordinate system. Figure 1 is an example for the FVP prepared and maintain by the

Survey Department (Divithure, 2014).

Fig. 1-

Extract of a

Final

Village

Plan

prepared

by the

Survey

Department

of Sri

Lanka.

Concerning the second category, the Survey Department prepared Preliminary Plans (PP) for

highly populated areas (town areas). Because of limited availability of government land,

systematic land ownership adjudication was not carried out in these areas. If the department

carried out surveys in the areas which had been previously covered by preliminary plans, these

later surveys would be properly recorded as supplements. Most preliminary plans are not

connected to the national coordinate system. Thus, these preliminary plans are rarely used for

cadastral purposes.

In the third category, the Survey Department used topographic plans to demarcate large tracts

of government lands in undeveloped areas. The Department had started the topographical

survey at the scale of 1 in. to 16 chains and later 2 in. to a mile. They surveyed undeveloped

areas (generally forest lands) at the scale of 1 in. to a mile (King, 1952). These initial

topographical plans were also called Topographical Preliminary Plans (Topo PP). After further

investigation and ownership verification, the plans were finalised as Final Topographic Plans

Later alterations are marked in red

L – Land Boundary

Monuments Cultivated lands are surveyed in

"blocks"

(T- Tea cultivation, Ch. – Chena, G –

Garden, P – Paddy etc... ) Title Plan Numbers

Lot Number

Not to scale

Original scale – 16 chains to an inch (1:

12672)

(FTP). These were connected to the national coordinate system and the alterations were marked

in as supplements. Figure 2 is an example for the FTP prepared and maintain by the Survey

Department.

Apart from the above three major types, the Survey Department prepared other cadastral maps

and plans within more than 200 years of their existence, all of which were prepared for

government lands, in support of various government policies. The department however, do not

have systematic coverage of private land ownership information.

Fig. 2-Extract of a Final Topographical Plan prepared by the Survey Department of Sri Lanka.

2.3 Cadastral surveys under the land titles registration programme

There were several attempts made by the British to introduce title registration system in the

period of their occupation in Sri Lanka (1796–1948), albeit unsuccessful. In 1998 the title

registration programme was introduced to Sri Lanka. The Registration of Titles Act No.21 of

1998 was introduced in April 1998 as the legal base for the programme, which was financially

assisted by the World Bank from 2001 to 2006 and launched as a “learning and innovation

Later surveys are

indicated as alterations.

These supplementary

plans are maintained

separately.

Adjacent FVP number to

FTP

Not to scale

Original scale – 16

chains to an inch(1:

12672)

project” (World Bank, 2007). Since 2007, it has been a national programme under the Ministry

of Land and Land Development. During this initial compilation stage government subsidy, the

whole programme and no expense required from the landowners. The programme was named

“Bim Saviya” (Land Strength) and having three key objectives: (1) introducing the title

registration system; (2) establishing a digital land information system; and (3) making

arrangements to settle unsettled cases of land ownership (“Bim Saviya Objectives”, 2010).

The Survey Act No.17 of 2002 plays a prominent role in land titles registration in Sri Lanka.

All the cadastral surveys are legally guided by this act, which authorises the Surveyor General

to regulate land surveys, especially cadastral surveys, and provides sufficient legal base for

establishment of the Land Survey Council to regulate the professional conduct of land

surveyors (Survey Act, 2002). All these cadastral surveys are connected to the national survey

control system (GN 99). Minor controls are undertaken by using Global Navigational Satellite

Systems (GNSS) and Electromagnetic Distance Measurement (EDM) techniques. The Survey

Department guidelines for the third order control traverses are adopted for these minor controls.

Detailed surveys are mainly undertaken by using the Total Station instruments (EDM technique)

with accuracy not less than 1:10,000 (Survey Department Sri Lanka, 2003). The efforts to

introduce air survey and remote sensing methods were unsuccessful due to the dense vegetation

of the selected areas at the initial stage of the title registration programme (Divithure, 2014).

The Survey Department carries out cadastral surveys systematically. Surveyors survey all the

land parcels in a village/block and prepare a cadastral map. The land parcels claimed by more

than one party or having undefined boundaries are surveyed according to the claims after

receiving letters of consent from individual parties. Surveyors only survey the outer boundaries

of land parcels with boundary disputes. These are treated as single land parcels on the cadastral

map. Remarks are made to identify disputed land parcels. All the state lands are shown on the

cadastral map. The land parcels claimed by different government agencies are shown separately

on the map (Survey Department Sri Lanka, 2003).

The Survey Department prepare cadastral maps to show all land parcels in one village to the

scale of 1:2000 in the digital format. The maps are numbered with six digits with the first two

identifying the district and the next four the village in the district. The cadastral plan for each

land parcel is prepared in the digital format by field surveyors who measure the land extent in

hectares up to four decimal places (Survey Department Sri Lanka, 2003).

2.4 Inadequate progress of the land titles registration programme

Inadequate progress has been made and severely affected the programme since its inception,

even when it was funded and guided by the World Bank. The completion report of the World

Bank highlighted the issue of the programme’s unsatisfactory progress. For example, until

2006, there had been only 5228 title certificates issued and 22637 land parcels registered, of

which 14676 were of state land. Moreover, most of the land parcels already had clear titles and

the security of land tenure came under the deeds registration system. Land parcels with unclear

titles, for example, those with boundary disputes, were not properly addressed by the titles

registration programme. Some critical factors of this low performance were identified in the

World Banks report as: (1) inconsistence political support for the programme; (2) inability to

define and put in place the legal, regulatory and institutional framework in consistence with

the large scale land titling programme;(3) insufficient capacity building to support a broad

national programme of land titles registration; and (4) unbalanced efforts given to the land

adjudication and the cadastral surveying activities(World Bank, 2007).

Although the title registration system represents a significant improvement on the rudimentary

deeds registration system, it still leaves a lot to be desired in terms of implementation and

maintenance (Williamson et al., 2010). The costs of the title registration are readily

ascertainable and available to see and criticise, but, its opportunities and benefits are mostly

hidden and not available for the public scrutiny. Undoubtedly, introduction of the title

registration system is expensive and its success will require perseverance and determination of

the government (West, 1969). As land is a politically sensitive issue, decisions on land

registration are highly political (Larsson, 1991). Fortunately, despite the implementation

failures and initial problems mentioned above, the Sri Lankan government is still in a

favourable position for implementation of the land title registration programme. Thus, it is

important to make every effort to reduce the visible cost of registration through making the

process more efficient and economical (West, 1969).

2.5 Survey profession in Sri Lanka

Although professional surveyors do not play a major role in the deeds-based cadastral system

in Sri Lanka, the title-based cadastral system is dominated by them. Successful completion and

rapid furtherance of the systematic and updated cadastral system depends mainly on the number

of professional surveyors involved in the cadastral related matters. Sustainable and long-term

human resource enhancement is a mainstream component of a cadastral reform project

(Steudler, Rajabifard & Williamson, 2004; Enemark & Williamson, 2004; Rajabifard &

Williamson, 2004). At present, there are around 985 private professional surveyors and around

800 government surveyors operating in Sri Lanka (Survey Department, 2019). When

comparing these figures with the total number of land parcels and the incomplete cadastre of

the country, it can be seen that there is an urgent need for increasing the number of professional

surveyors in the cadastral surveys in Sri Lanka.

2.6 Survey education

When considering the historical context of land surveying profession in Sri Lanka, there are

evidences for land surveyors’ involvement in surveying activities at the latter part of the Dutch

occupation in the country. Dutch land surveyors, and local people trained under the Dutch

surveyors, were involved in land surveying activities. The licence from the Dutch East India

Company (VOC) was needed to conduct land surveys in Sri Lanka. Dutch administration

sanctioned the resolution in 29th April, 1745, a set of rules for surveyors, for measuring lands.

Under the Dutch, the cadastral surveys gradually spread throughout the maritime provinces of

the country (Brohier, 1937).

The English, after the Dutch, further developed the surveying profession in Sri Lanka. “The

British influence has been deep, deeper even than in India” (Jennings, 1949, p.25). The British

administration used maps and plans (based on cadastral surveys) to implement their land

policies in Sri Lanka. These had largely been ignored by their predecessors. They established

the Survey Department, the oldest government department in the country to date, by a

proclamation dated 2 August, 1800. British Surveyors and the trained surveyors available in

the country were involved land surveying activities in these early days of British Ceylon. The

only way to get professional training in this period was to train under the senior surveyors.

There are evidences that. G. Snider, the superintendent of surveys in Colombo District,

conducted private tuitions for land surveying and mathematics in this early period of British

Ceylon. However, British citizens were recruited for all the positions of senior surveyors and

assistant surveyors for nearly eighty years after the establishment of the Survey Department.

Surveyor General W.C.S. Ingles in 1896 introduced a training program for land surveyors

under the Department. Local people who followed the above training programme was able to

join the Survey Department as apprentice surveyors or they could pass the licensing exam

conducted by the Surveyor General and work as a private professional surveyor. Around in

1908, the people who successfully completed the courses conducted by the Technical College,

Maradana, directly joined the Survey Department as apprentice surveyors. However, this

method of requirement was abandoned in 1910 and the Department took the full responsibility

of conducting survey training programmes. In 1924, the Department established their

surveying school in Diyatalawa. In 1967, the surveyor training school was upgraded and named

as the Institute of Surveying and Mapping, with the help of United Nations Development

Programme (UNDP). Passing the General Certificate of Education (Ordinary Level) - GCE

O/L - and successfully completing the surveying and levelling course conducted by a Technical

College were considered as the basic requirements for applying to the Surveying and Mapping

Institute. The Institute was later upgraded as a Diploma awarding Institute first and later as a

Degree awarding Institute (Survey Department, 2010).

A year before the commencement of the titles registration programme, in 1997, BSc Surveying

Sciences degree programme was introduced for first time in to the University system in Sri

Lanka. The degree programme was started in Sabaragamuwa University, functioning under the

Ministry of Higher Education in Sri Lanka. Since then, the programme has produced nearly 50

graduates annually. To date, the university has produced around 850 surveying graduates. In

year 2005, the Survey department upgraded their recruitment criteria to the degree level by

allowing these graduates to join with the Department.

2.7 Institutions in Surveying Profession

Survey Department is the national mapping organization in Sri Lanka and headed by the

Surveyor General. Around 1889, Surveyor General established licensing criteria for private

professional surveyors, facilitating the Land Registration Ordinance no. 15 of 1889. The legal

acceptance of the private practice by surveying professional was established with this new

initiative. This Ordinance was later amended and altered in several occasions and named as

Surveyors Ordinance. The Ordinance was last amended in 1956 (Surveyors Ordinance No. 28

of 1956) and was cancelled with the introduction of the Survey Act No. 17 of 2002. Since then,

this Act is in force to regulate the surveying profession in Sri Lanka.

The Land Survey Council (LSC) was first established in year 2003 by fulfilling the requirement

of the Survey Act No. 17 of 2002. There are seven members in the council as; the Surveyor

General as ex-officio chairmen, the Additional Surveyor General as ex-officio Vice-Chairman,

the Director of Institute of Surveying and Mapping (ISM) as ex-officio member, three

registered surveyors nominated by the Surveyors Institute of Sri Lanka (SISL) as members and

one academic representative from University Grant Commission of Sri Lanka as a member.

The duties and functions of the Council vested mainly to the development of the land surveying

profession in regulating surveying education and training, accrediting and maintaining

professional standards, procedures and ethics.

Survey Institute of Sri Lanka is the professional surveyors’ organization in the country. The

Ceylon Licensed Surveyors Association, presently known as Surveyors Institute of Sri Lanka

(SISL), was established in year 1926 as a voluntary group focusing to achieve common goals

of the profession. Registered licensed surveyors can become a member of the SISL. The

membership of the Institute is gradually grown up from 20 at the inception to 970 at present

(The Surveyors Institute of Sri Lanka, 2020). It is a founder member of the Commonwealth

Association of Surveying & Land Economy and the Organization of Professional Associations

(OPA). It is also a permanent member of the International Federation of Surveyors (FIG)

2.7.2 Problems in the Profession

There are four main entities when considering the surveying profession in Sri Lanka as;

Education and training – Sabaragamuwa University of Sri Lanka

National Mapping Organization – Survey Department

Professional Surveyors Organization – Survey Institute of Sri Lanka

Governing Body – Land Survey Council and the Survey Act No 17 of 2002

Unhealthy cooperation and collaboration of these key entities create major problems which

hinder the development of the surveying profession in the country, and can be summarised as

follows;

Even though increasing the number of land survey professionals is important for introduction

and the smooth functionality of the new land title registration programme, a narrow path is

available to become a surveying professional in Sri Lanka. A person registered with the Land

Survey Council and obtaining an annual license from the Council is considered as a

professionally qualified land surveyor in Sri Lanka. Two main qualifications are considered to

register with the Land Survey Council according to the Survey Act No.17 of 2002 as academic

and practical. Unavailability of well-defined, clear and democratic criteria to get the practical

qualification to the level of satisfaction of the LSC is badly influence the development of

surveying profession.

There is no clear procedure and criteria available to train surveying graduates to the level

requested by the Land Survey Council. The number of academically qualified surveying

graduates entering the job market annually is around 50. After two more years it will increase

up to 100 surveying graduates annually. The only avenue available for an academically

qualified person to get this practical training is to join with the Survey Department. There are

around 150 surveying graduates seeking this training opportunity to date. The Department is

not willing to absorb that umber of cadre to the Department due to funds and resources

limitations.

From the other side of the story, the Surveyor Institute of Sri Lanka only accepts the

academically and professionally qualified persons as their members (cooperate). To date there

are two categories of such qualified persons available as; a). Government surveyors working

in the Survey Department of Sri Lanka and b), Retired government surveyors worked in the

Survey Department of Sri Lanka. Both this category of people can obtain their registration and

annual license from the Land Survey Council and the membership from the Survey Institute.

The accumulated result of all the above-mentioned consequences are academically qualified

surveyors in the surveying industry doing land surveys but not having professional acceptance

(legally and from the professional organization). With this negligence of absorbing

academically qualified surveying graduates to the profession, many of them seek overseas job

opportunities. Sri Lanka provides entry level surveyors for international job market but fails to

absorb their portion in to the surveying industry. The situation is further exaggerated with the

vacuum of the qualified surveying professionals created by the land title registration program

in Sri Lanka.

2.8 Conclusion

The incomplete coverage of cadastral information, particularly concerning private land

ownership, and the rudimentary deeds registration system are prominent in the cadastral system

of Sri Lanka. A new land registration and cadastral survey programme was introduced recently

by addressing these development lags in the cadastral system. The inadequate progress is most

attributed and severely affected for the successfulness of the programme since its inception.

In the present context, Surveying profession was first introduced by the Dutch in Sri Lanka.

Both the surveying education and the surveying profession were gradually evolved under the

British Ceylon and having their great influence. Unhealthy cooperation and collaboration of

four main entities of the surveying profession - Education and training, National Mapping

Organization, Professional Surveyors Organization, Governing Body - create major problems

which hinder the development of the profession in Sri Lanka.

References

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http://www.bimsaviya.gov.lk/web/

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Dutch Burgher Union of Ceylon, 27(1), 5-16.

Divithure, H. (2014). A framework for cadatral system migration from deeds registration to titles

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https://theses.lib.polyu.edu.hk/bitstream/200/7457/1/b2747074x.pdf

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registration: case study of Sri Lanka. Survey review, 45 (330), 220–228.

https://www.tandfonline.com/doi/full/10.1179/1752270612Y.0000000020

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http://www.fig.net/pub/compub/FIG2002-BenchmarkingCadastralSystems.pdf

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Williamson, I. P. (1985). Cadastres and land information systems in common law jurisdictions.

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Williamson, I., Enemark, S., Wallace, J., & Rajabifard, A. (1st Ed.).(2010). Land administration for

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wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2007/05/03/000020953_200705031

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Dr Homindra Divithure made a presentation of the Sri Lanka system in the Workshop of

introduction and comparison to the cadastral law and operation between the project countries

on the web broadcasting event in November 2020. The presentation information are attached

as Appendix 1.

Appendix 1. Presentation of Dr. H. Divithure